Folio 191

Innocent III, 1198-1216

printed p. 159 · pdf p. 191

Marriages of Pagans and the Pauline Privilege 1

[From the letter "Gaudemus in Domino" to the Bishop of Tiberias, in the beginning of 1201]

407. You have asked to be shown through Apostolic writings whether pagans receiving wives in the second, third, or further degree ought, thus united, to remain after their conversion with the wives united to them or ought to be separated from them. Regarding this we reply to your brotherhood thus, that, since the sacrament of marriage exists between believing and unbelieving spouses as the Apostle points out when he says: "If any brother has an unbelieving wife, and she consents to live with him, let him not put her away" [I Cor. 7:12], and since in the aforesaid degree matrimony is lawfully contracted with respect to them by pagans who are not restricted by canonical constitutions, ("For what is it to me?" according to the same Apostle, "to judge concerning those which are outside?" [I Cor. 5:12]); in favor especially of the Christian religion and faith, from receiving which many fearing to be deserted by their wives can easily be restrained, such believers, having been joined in marriage, can freely and licitly remain united, since through the sacrament of baptism marriages are not dissolved but sins are forgiven.

408. But since pagans divide their conjugal affection among many women at the same time, it is rightly doubted whether after conversion all or which one of all they can retain. But this (practice) seems to be in disagreement with and inimical to the Christian Faith, since in the beginning one rib was changed into one woman, and Divine Scripture testifies that "on account of this, man shall leave father and mother and shall cling to his wife and they shall be two in one flesh" [Eph. 5:31; Gen. 2:24; cf. Matt. 19:5]; it does not say "three or more" but two; nor did it say "he will cling to wives" but to a wife. Never is it permitted to anyone to have several wives at one time except to whom it was granted by divine revelation. This custom existed at one time, sometimes was even regarded as lawful, by which, as Jacob from a lie, the Israelites from theft, and Samson from homicide, so also the Patriarchs and other just men, who we read had many wives at the same time, were excused from adultery. Certainly this opinion is proved true also by the witness of Truth, which testifies in the Gospel: "Whosoever puts away his wife (except) on account of fornication, and marries another commits adultery," [Matt. 19:9; cf. Mark 10:11]. If, therefore, when the wife has been dismissed, another cannot be married according to law, all the more she herself cannot be retained; through this it clearly appears that regarding


  1. CIC Decr. Greg. IV, 19, 8: Frdbg II 723 f.; Rcht II 697 f.; Pth 1325; ML 216, 1269 C ff.